| Conditions / Reason for Refusal: |
General
01
The development hereby permitted shall be commenced before the expiration of three years from the date of the original permission (RB2021/1740), being (23/12/2025).
Reason
In order to comply with the requirements of the Town and Country Planning Act 1990.
02
The permission hereby granted shall relate to the area shown outlined in red on the approved site plan and the development shall only take place in accordance with the submitted details and specifications as shown on the approved plans (as set out below) and in accordance with all approved documents.
020 / 042 / LP – Location Plan
020 / 042 / SL / O – Proposed Site Layout Plan
ELL-20054-CB-B-140 rev A – External Works Layout
ELL-20054-CB-B-160 rev F – Kerbing and Surfacing Layout
17543-LD-01 rev F – Landscape Plan
17543-LD-02 Rev A – Soft Landscaping Proposals Outline Specification
17543-LD-03 Rev A – Soft Landscaping Proposals Maintenance Schedule
House Types
BBH-Oxford-Det-Op-Issue1
BBH-Grasmere-Det-As-Issue1
BBH-Harrop-Semi-As-Issue1
BBH-Brackendale-Det-As-Issue1
BBH-Penrose-Det-As-Issue1
BBH-Hartford-Semi-As-Alt-Issue1
BBH-Farnley-Det-AS
Reason
To define the permission and for the avoidance of doubt.
03
The materials used in the development shall be carried out in accordance with the details approved under RB2023/0658.
Reason
In order to ensure a satisfactory appearance in the interests of visual amenity.
Construction Management Plan
04
The construction phase shall be carried out in the accordance with the Construction Environment Management Plan (CEMP) approved under RB2023/0051.
Reason
To safeguard the amenities of the occupiers of nearby properties and promote sustainable development.
Air Quality and Emissions
05
The EV charging details shown on drawing 020 / 042 / SL / O shall be installed and operational prior to those buildings and parking spaces that are to be provided with charging points being occupied. The charging points shall thereafter be maintained and retained.
Reason
In the interests of sustainable development and air quality.
Highways
06
The development shall not be brought into use until the existing vehicle access crossing on Haugh Road (indicated on drawing number 020/042/SL/O) has been permanently closed and the footway / kerbline reinstated in accordance with details on drawing number ELL-20054-CB-B-160 rev F.
Reason
In the interests of road safety.
07
The development shall not be brought into use until the footway on the site frontage to Symonds Avenue, as indicated on Drg No 020/042/SL/O, has been increased in width to 2.0m and constructed in accordance with details on drawing number ELL-20054-CB-B-160 rev F.
Reason
In the interests of pedestrian safety.
08
Before the development is brought into use, that part of the site to be used by vehicles shall be properly constructed with either:
a/ a permeable surface and associated water retention/collection drainage, or
b/ an impermeable surface with water collected and taken to a separately constructed water retention / discharge system within the site.
All to the satisfaction of the Local Planning Authority and shall thereafter be maintained in a working condition.
Reason
To ensure that surface water can adequately be drained and that mud and other extraneous material is not deposited on the public highway and that each dwelling can be reached conveniently from the footway in the interests of the adequate drainage of the site, road safety and residential amenity.
09
The road section, constructional and drainage details approved under RB2023/0413 shall be implemented before the development is completed.
Reason
No details having been submitted they are reserved for approval.
Landscapes and Trees
10
Landscaping of the site as shown on the approved plans (ECUS drawing no.17543-LD-01 rev F) shall be carried out during the first available planting season after commencement of the development and maintained for the lifetime of the development. Any plants or trees which within a period of 5 years from completion of planting die, are removed or damaged, or that fail to thrive shall be replaced within the next planting season. Assessment of requirements for replacement planting shall be carried out on an annual basis in September of each year and any defective work or materials discovered shall be rectified before 31st December of that year.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
11
A Landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape and public open space areas shall be submitted to and approved by the Local Planning Authority prior to the completion or first occupation of the part or phase of development to which it relates, whichever is the sooner. The management shall thereafter be carried out in accordance with the agreed management scheme for the lifetime of the development.
Reason
To ensure that there is a well laid out scheme of healthy trees and shrubs in the interests of amenity.
12
No dwelling shall be occupied until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the final dwelling is completed.
Reason
In the interests of the visual amenity of the area.
13
The development shall be carried out in accordance with the Arboricultural Method Statement prepared by Lally Tree Management dated 8 May 2024. All tree protection methods detailed in the approved Arboricultural Method Statement shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials have been removed from the site, unless the prior approval of the Local Planning Authority has first been sought and obtained.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change.
14
Landscaping and Tree Planting as shown on the approved plans Landscape Plan (Drawing No.17543-LD-01 Rev F) Soft Landscaping Proposals Outline Specification (Drawing No.17543-LD-02 Rev A) and Soft Landscaping Proposals Maintenance Schedule (Drawing No.17543-LD-03 Rev A) shall be carried out in full accordance with the approved scheme in the nearest planting season (1st October to 28th February inclusive). The quality of all approved tree planting should be carried out to the levels detailed in British Standard 8545, Trees: from nursery to independence in the landscape.
Any trees which die, are removed, uprooted, significantly damaged, become diseased or malformed within five years from the completion of planting, must be replaced during the nearest planting season (1st October to 31st March inclusive) with a tree/s of the same size, species and quality as previously approved.
Reason
To ensure appropriate tree protection in the interests of protecting the visual amenity of the area, contributing to the quality and character of Rotherham’s environment, air quality and adapting to and mitigating climate change.
Drainage
15
The development shall be carried out in accordance with the details shown on the submitted plan, 'Section 104 plan ELL-20054-CB-B-180 (revision L) dated 15/09/2023. The approved details shall be implemented prior to the first dwelling being occupied.
Reason
In the interest of satisfactory and sustainable drainage.
16
The development shall not be brought into use until the Flood Route drawing approved under RB2023/0054 (ref: ELL-20054-CB-B-180 Rev L) has been implemented.
Reason
To ensure that the development can be properly drained and will be safe from flooding in accordance with the Local plan and the NPPF.
Land Contamination
17
Due to elevated sulphate concentrations being detected, buried concrete for the site should be designed to a design sulphate classification of DS-2 for made ground, with a corresponding ACEC class of AC-2. The design sulphate classification used will be evidenced within a Verification Report for the site which shall be submitted to and approved in writing by the Local Planning Authority before the first dwelling is occupied.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
18
If during development works unexpected significant contamination is encountered, the local planning authority shall be notified in writing immediately. Any requirements for remedial works shall be submitted to and approved in writing by the Local Authority. Works thereafter shall be carried out in accordance with an approved Method Statement.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
19
If subsoil/topsoil is required to be imported to site for remedial works or areas of soft landscaping, then these soils will need to be tested at a rate and frequency to be agreed with the Local Authority to ensure they are free from contamination.
Reason
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Coal Mining
20
No development shall commence until all remediation works and/or mitigation measures to address land instability arising from coal mining legacy (identified within the Phase 3 Treatment of Mine Working Specification Report, (V1, 29 September 2020) prepared by Groundsmiths (UK) Ltd and High Huddleston & Associates Statement dated 25 February 2022) have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed.
The remedial works shall be carried out in accordance with authoritative UK guidance.
Reason
To ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development.
21
Prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted to the Local Planning Authority for approval in writing. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity.
Reason
To ensure that adequate information pertaining to ground conditions and coal mining legacy is available to enable appropriate remedial and mitigatory measures to be identified and carried out before building works commence on site. This is in order to ensure the safety and stability of the development.
Waste Management Plan
22
Prior to the development being first occupied a Waste Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Plan will need to include:
1) information on the amount and type of waste that will be generated from the site;
2) measures to reduce, re-use and recycle waste within the development, including the provision of on-site separation and treatment facilities (using fixed or mobile plants where appropriate);
3) an assessment of the potential to re-use or adapt existing buildings on the site (if demolished it must explain why it is not possible to retain them);
4) design and layouts that allow effective sorting and storing of recyclables and recycling and composting of waste and facilitate waste collection operations during the lifetime of the development;
5) measures to minimise the use of raw materials and minimise pollution of any waste;
6) details on how residual waste will be disposed in an environmentally responsible manner and transported during the construction process and beyond;
7) construction and design measures that minimise the use of raw materials and encourage the re-use of recycled or secondary resources (particularly building materials) and also ensure maximum waste recovery once the development is completed; and
8) details on how the development will be monitored following its completion.
The agreed details shall be implemented and thereafter maintained.
Reason
To minimise the amount of waste used during the construction and lifetime of the project and to encourage the re-use and recycling of waste materials on site.
Communication
23
Prior to first occupation of a dwelling on this site, information relating to the availability of infrastructure to enable the provision of gigabit capable full fibre broadband should be submitted and approved by the LPA. If the necessary infrastructure is available to enable provision, details of measures to facilitate the provision of gigabit-capable full fibre broadband for the development hereby approved, including a timescale for implementation, shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason
In accordance with Local Plan Policy SP61 ‘Telecommunications’ and Chapter 10 of the NPPF.
Ecology
24
Bat and Bird boxes and the location of openings in fences to allow hedgehogs to move through the site shall be implemented as shown on the approved Landscaping Plan prepared by Ecus (Drawing No.17543-LD-01 Rev F), Bat and Bird Box Specification Document. The approved details shall be implemented prior to the first occupation and shall thereafter be retained and maintained.
Reason
In the interests of biodiversity enhancement.
25
Artificial Lighting to be installed at the site shall be done in accordance with the details shown on the Outdoor Lighting Plan (ref: ASD-SL-NE-2022-23-037 LR R0) dated 8 June 2023, prepared by ASD Lighting. The approved details shall be implemented prior to the lights being first switched on and shall thereafter be maintained.
Reason
To minimise light pollution and reduce the impact on birds and bats.
26
The recommendations / mitigation set out in the Ecological Assessment Report (dated 30th January 2023), prepared by ID Verde and submitted and approved under RB2023/0130 shall be implemented before the first dwelling is occupied and shall thereafter be retained and maintained.
Reason
In the interests of biodiversity and show how the development will avoid / reduce the likelihood of adverse impacts on protected species.
Local Labour Agreement
27
The Construction phase of the development shall be carried out in accordance with the Local Labour Agreement submitted and approved under RB2023/0351.
Reason
To improve skills in all of Rotherham’s communities through the promotion of access to training, education and local employment opportunities.
Informative(s)
01
You should note that the Council’s Neighbourhood Enforcement have a legal duty to investigate any complaints about noise or dust which may arise during the construction phase. If a statutory nuisance is found to exist they must serve an Abatement Notice under the Environmental Protection Act 1990. Failure to comply with the requirements of an Abatement Notice may result in a fine of up to £20,000 upon conviction in the Magistrates' Court. It is therefore recommended that you give serious consideration to reducing general disturbance by restricting the hours that operations and deliveries take place, minimising dust and preventing mud, dust and other materials being deposited on the highway.
02
Nature conservation protection under UK and EU legislation is irrespective of the planning system and the applicant should therefore ensure that any activity undertaken, regardless of the need for any planning consent, complies with the appropriate wildlife legislation. If any protected species are found on the site then work should halt immediately and an appropriately qualified ecologist should be consulted. For definitive information primary legislative sources should be consulted.
Furthermore, vegetation removal should be undertaken outside of the bird breeding season, March to September inclusive. If any clearance work is to be carried out within this period, a nest search by a suitably qualified ecologist should be undertaken immediately preceding the works. If any active nests are present, work which may cause destruction of nests or, disturbance to the resident birds must cease until the young have fledged.
03
The planning permission is subject to a Legal Agreement (Obligation) under Section 106 of the Town and Country Planning Act 1990. The S106 Agreement is legally binding and is registered as a Local Land Charge. It is normally enforceable against the people entering into the agreement and any subsequent owner of the site.
04
The development should look to achieve Secured by Design accreditation. More information can be found at: www.securedbydesign.co.uk
05
Please note that Permission is required from the Coal Authority Permit and Licensing Team before undertaking any activity, such as ground stabilisation works / shaft capping designs, which may disturb coal property in order that a full engineering appraisal can be undertaken as part of the permitting process.
06
With regard to condition 11 please note that A Management Plan may be expected to set out, graphically and / or in writing, the overall functional and aesthetic objectives of a landscape scheme and the steps such as legal arrangements including ownership and management responsibilities, planned maintenance tasks, phased works, and monitoring procedures that will be taken after implementation to ensure that the scheme establishes successfully and is sustainable in the long-term.
POSITIVE AND PROACTIVE STATEMENT
The applicant and the Local Planning Authority engaged in pre application discussions to consider the development before the submission of the planning application. The application was submitted on the basis of these discussions, or was amended to accord with them. It was considered to be in accordance with the principles of the National Planning Policy Framework.
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